DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Double Patenting
Applicant is advised that should claim 8 be found allowable, claim 9 will be objected to under 37 CFR 1.75 as being a substantial duplicate thereof. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 608.01(m). In this instance, claim(s) 8 and 9 appear to have near verbatim overlap of claim language — but for a mere rearrangement of clauses / limitations.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
Examiner notes: currently, NO limitation invokes interpretation under § 112(f).
Claim Rejections - 35 USC § 112(b)
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim(s) 3-4 is/are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
The term “good” in claims 3-4 is a relative term which renders the claim indefinite. The term “good” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Examiner notes: for brevity, economy, and clarity of reading, select of the claims are addressed jointly herein when instances of limitations with verbatim or near-verbatim similarity are recited in the body of differently numbered claims and/or when multiple different limitations are clearly addressed by a same/similar citation to/within a reference.
Claim(s) 1-13 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Lafon (US 20230248320 A1).
For claim(s) 1 and 10-13, Lafon teaches An information processing method for an information processing system including a first terminal that acquires body temperature information about a first user and a second terminal that presents the body temperature information to a second user, [entire disclosure – see at least ¶33] the information processing method comprising:
causing the first terminal to:
select an input mode for use in acquiring the body temperature information from among a plurality of input modes each having distinctive reliability for body temperature information to be acquired; [¶43, ¶54]
acquire the body temperature information in the selected input mode; [throughout ¶¶40-55]
and transmit the acquired body temperature information and input mode identification information indicating the selected input mode; [¶33]
and causing the second terminal to:
receive the body temperature information and the input mode identification information; [¶33]
and cause a display part to display the body temperature information in a distinctive display manner in accordance with the input mode identification information. [¶29, ¶38, ¶55]
For claim 2, Lafon teaches The information processing method according to claim 1,
wherein the input modes include a first input mode of acquiring the body temperature information from a thermometer, which measures a body temperature of the first user, through communication therewith and a second input mode of acquiring the body temperature information from an input receiving part which receives a manual input of the body temperature by the user, [see first ¶38; consider then also that inputs including wireless comms and AI inputs in ¶86 and ¶92 constitute(s), under BRI, a form of both thermometer at and least some form of ‘manual’ input]
and, in the displaying of the body temperature information, the input mode indicated by the input mode identification information is determined as either the first input mode or the second input mode, and the body temperature information is displayed on the display part in a first display manner when the input mode is determined as the first input mode, and the body temperature information is displayed on the display part in a second display manner which is different from the first display manner when the input mode is determined as the second input mode. [Fig. 8 in view of ¶29, ¶38, ¶¶54-55]
For claim 3, Lafon teaches The information processing method according to claim 2, comprising causing the first terminal to:
further generate a good health condition certificate proving that the first user has a good health condition when the selected input mode indicates the first input mode and the acquired body temperature information falls below a predetermined value; and further cause a display part to display the generated good health condition certificate. [sleep comfort in ¶55; end of ¶40 for determining ‘good’ health, end of ¶88 in view of ¶60]
For claim 4, Lafon teaches The information processing method according to claim 3,
wherein, in the generating of the good health condition certificate, the good health condition certificate is generated when the selected input mode continuously indicates the first input mode throughout a predetermined period and the acquired body temperature information continuously falls below the predetermined value throughout the predetermined period. [sleep comfort in ¶55; end of ¶40 for determining ‘good’ health, end of ¶88]
For claim 5, Lafon teaches The information processing method according to claim 2, comprising causing the first terminal to:
further generate a preferential virus test certificate proving that the first user is preferentially prompted to receive a virus test when the selected input mode continuously indicates the first input mode throughout a predetermined period and the acquired body temperature information continuously indicates the predetermined value or higher throughout the predetermined period; and cause the display part to further display the generated preferential virus test certificate. [¶¶89-90 in view of ¶60]
For claim 6, Lafon teaches The information processing method according to claim 1,
wherein, in the displaying of the body temperature information, a sign having a distinctive shape in accordance with the input mode identification information is displayed in the vicinity of the body temperature information, a sign having a distinctive color in accordance with the input mode identification information is displayed in the vicinity of the body temperature information, the body information is displayed in a distinctive color in accordance with the input mode identification information, or a name of the input mode indicated by the input mode identification information is displayed in the vicinity of the body temperature information. [¶¶87-88 in view of ¶60]
For claim 7, Lafon teaches The information processing method according to claim 1,
wherein the first terminal causes the display part to display the body temperature information in a distinctive display manner in accordance with the selected input mode. [¶¶87-90 in view of ¶60]
For claim(s) 8-9, Lafon teaches
wherein, in the acquiring of the body temperature information, measurement device information is acquired together with the body temperature information, the measurement device information including at least one of information indicating whether a body temperature is measured in a predictive measurement manner or an actual measurement manner, information indicating whether the body temperature is measured in a contact manner or a contactless manner, and measured portion information indicating a body portion at which the body temperature has been measured, [¶¶40-60 esp. ¶51, ¶55]
in the transmitting of the body temperature information and the input mode identification information, the acquired measurement device information is transmitted together with the body temperature information and the input mode identification information, [¶¶36-42]
in the receiving of the body temperature information and the input mode identification information, the measurement device information is received together with the body temperature information and the input mode identification information, [¶¶40-60 esp. ¶51, ¶55] and
in the displaying of the body temperature information, the body temperature information is displayed on the display part in a distinctive display manner in accordance with the input mode identification information and the measurement device information. [¶¶87-90 in view of ¶60]
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BENJAMIN S MELHUS whose telephone number is (571)272-5342. The examiner can normally be reached Monday - Friday | 9:00 AM - 5:00 PM.
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/BENJAMIN S MELHUS/
Primary Examiner, Art Unit 3791